Montana’s ‘Disclose Act’ Remains Intact After Ninth Circuit Opinion

The Ninth Circuit Court of Appeals released an opinion this week in a longstanding debate over Montana Political Practices law. Montana Attorney General’s office spokesman Eric Sell explains.

"The Ninth Circuit Court of Appeals issued an opinion yesterday [May 22] upholding Montana's campaign disclosure laws, these were laws passed by the 2015 legislative session called 'the Disclose Act'" Sell said. "This tightened up Montana's regulations requiring anyone who is engaging in political activity during elections to disclose where their finances come from."

This is the third time in less than a year that Montana’s campaign laws have been before the Ninth Circuit Court and the state laws have been upheld each time. Sell says the decision upholds the will of Montana voters.

"Attorney General Tim Fox is thrilled that the Ninth Circuit upheld the will of the people and the state of Montana," Sell said. "The legislature passed this law because citizens made it clear that they want a spotlight on those participating in our electoral process. So, this was Attorney General Fox and our office, defending the will of the people."

A group called Montanans for Community Development, argued against the disclose act saying that the reporting laws were Vague, overbroad and unconstitutional, but all three claims were rejected by the court. There is no word yet on if the case will be appealed to a higher court.